HOW TO PAY US
We aim to make buying from us as easy as possible for you. If you would like to buy any piece that you have seen on our website, please do contact us.
You can pay for your purchase in any of the following ways:
- In person by American Express, Visa, Mastercard, Visa Debit, Mastercard Debit, Maestro
- By Bank Transfer
- Cheques drawn on a UK Bank
Please note that the sales of all items are subject to our standard Terms & Conditions
TERMS AND CONDITION
Terms and Conditions of Sale
(as recommended by LAPADA) It is important that you read and understand these terms and conditions before proceeding with this transaction. Only proceed with this transaction if you wish to be bound by the terms and conditions set out below (the "Terms").
1 Purpose and effect
1.1 These Terms set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item(s) identified in the invoice overleaf, which we refer to below as the "Work" (the "Contract"). We confirm that we either own the Work or are authorised to sell it on behalf of the owner.
1.2 If you wish to rely on any variation of, or addition to these Terms, you must ensure that the variation or addition has been agreed by us in writing.
2 Statements about the Work
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, value, historical significance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us.
2.2 Our description of the Work is partly dependent upon information provided by experts and we are not liable for the statements, data, information and opinions of others or any changes in expert opinion which may take place subsequent to the sale.
2.3 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however caused, after the sale.
3 Payment of purchase price
3.1 You must pay us the full price for the Work (without deductions), together with delivery costs, any VAT and any amounts payable to us under clause 6 below but excluding any deposit or advance that you may already have paid (the "Price"), on the earlier of: (a) the expiry of any payment term as shown on the invoice; and (b) the time of delivery of the Work. Payment is only made once we receive cleared funds representing the full amount.
3.2 Payment may be made by wire transfer, cash (subject to any thresholds we may set) or credit card, as agreed and set out in the invoice. Where we agree to payment by cheque, acceptance is conditional upon the cheque being cleared in full on first presentation.
3.3 All payments shall be made in the currency specified in the invoice.
3.4 If you fail to make full payment within the relevant period, we shall charge you interest on the amount unpaid at the rate of 4% per annum above Barclay's Bank base rate from the date when payment was due until payment is made in full.
4 Collection of the Work and passing of risk
4.1 You must collect the Work from the address specified in the invoice at the agreed date and time, within 28 days of the date of payment, unless it is agreed in writing that:
4.1.1 we should deliver it to you; or
4.1.2 you should make your own arrangements for someone else to collect it for you.
4.2 Risk of loss and damage to the Work shall pass to you on the earlier of: (a) delivery of the Work to you; and (b) payment of the Price shown on the invoice. From the point at which risk passes to you, you are responsible for insuring the Work against all risks, including shipping.
5 Passing of ownership
5.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
5.2 If you have possession of the Work before full payment has been made, you must:
5.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;
5.2.2 in the case of a Work consisting of more than one item, keep those items together;
5.2.3 keep any identifying marks showing that we own the Work clearly displayed;
5.2.4 store the Work on your premises and at no cost to us, separately from other property;
5.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and
5.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent
6.1 If the Work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, it will be your responsibility to obtain the relevant export licence.
6.2 When making arrangements for export of the Work, you must:
6.2.1 comply with all requirements of any relevant tax authorities (including, if applicable, HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and
6.2.2 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.
6.3 When on its sale to you the Work is intended for export, you will be charged for VAT on the Work should it not be exported.
6.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
6.5 Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for it.
7 Breach by the buyer
7.1 If you fail to pay the Price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the Price in full you fail to comply with the obligations set out in clauses 5 and 6 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
7.1.1 terminate the Contract, repossess the Work and claim damages for any loss we have suffered; or
7.1.2 at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the Price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.
7.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the Price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily).
7.3 Where we notify you of the exercise of our right to repossession, you will within 7 days of such notice, return the Work to our address (as set out in the invoice) at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).
8 Limitation of our liability
We shall not be liable for loss of profits (whether direct or indirect), loss of business, loss of anticipated savings or for any special, indirect, incidental or consequential loss or damage, if any and to the fullest extent permitted by law, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the Price paid for the Work (excluding any delivery costs and VAT) provided that nothing in this clause 8 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.
We will have the right, but not the obligation, (acting reasonably) to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the Price. The refund of the Price will constitute your sole remedy and recourse against us with respect to such claims
The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as set out in the invoice or as notified to us by you as the case may be.
12 Consumer Protection
12.1 This clause applies only where you are deemed to be a consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
12.2 In the event that our Contract is concluded "off-premises" or through distance communication you have the right to cancel the Contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Work. Where the Work consists of more than one item (which are to be delivered separately), such cancellation period will expire after 14 days from acquiring physical possession of the last item (the "Cancellation Period"). To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (by post, fax or email) sent prior to the expiration of the Cancellation Period. You may use the model cancellation form provided. Please see our "Instructions for cancellation of a distance or off-premises contract" document for more information.
13 Law and jurisdiction
13.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.
13.2 The courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these Terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
LAPADA – Updated November 2014
This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, contacts and all other persons about whom Hatchwell Antiques Ltd holds information. By ‘information,’ we mean personal information about you that we collect, use, share and store.
In this policy, “we,” “us,” and “our” means Hatchwell Antiques Ltd Limited (trading as Hatchwell Antiques Ltd), a company registered in England and Wales with No 3401581, registered office 77 Surrendon Road, Brighton, Sussex, BN1 6PQ and “you” means the individual to whom the information relates. We are the data controller and we operate our website www.hatchwellantiques.co.uk (our site).
Information we collect about you
We may collect and store the following types of information about you when you our site or by corresponding with us (for example, by e-mail). This includes information you provide when registering to use our sites or sharing any data via our social media functions. The information given to us may include:
- your name;
- your contact information such as your address, email address and telephone number;
- your payment details / financial data i.e. your bank name, account number and sort code;
- when browsing our site, your IP address, your browser type and language;
- information related to your attendance of, and interest in, events and art and antiques fairs;
- information about you that you give us in person at our events and at fairs, by filling in forms on our site www.hatchwellantiques.co.uk (our site) (e.g. the contact us section or to sign up to our mailing list) or by corresponding with us by phone, e-mail or otherwise; and
- information in relation to your purchase of our artwork, antiques or use of our services.
How we collect information about you
You may give us your information by filling in forms on our site or by corresponding with us by post, phone, email, on social media or otherwise. This includes information you provide when you:
- visit us at art and antiques fairs;
- your purchase of any artwork or antique; and
- restoration and valuations
Legal basis for processing
Our processing of your personal information is necessary (i) for the purposes of legitimate interests pursued by us; (ii) in order to comply with a legal obligation to which we are subject; or (iii) for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts.
In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent from you at the time unless there is otherwise a legal requirement for us to process such information.
Where our processing is based on the legitimate interest grounds described above, those legitimate interests are:
- collecting personal information to provide you with a smooth and efficient client experience;
- running our business;
- to make sure you receive updated information on Hatchwell Antiques's activities;
- to provide the services you have requested; and
- for our own marketing, research and development.
How we use your information
We use your information to:
- provide information about our antiques / artworks / works of art and services to you;
- keep you informed about antiques / artworks / works of art, artists and events that we think you may find interesting;
- carry out our obligations arising from any agreements entered into between you and us;
- communicate with you;
- administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- keep our site safe and secure;
- comply with legal and regulatory obligations; and
- for security and to check your identity.
Will we share your information with third parties?
Except as expressly set out in this policy we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
The personal information you provide to us may be shared with the following categories of companies if this is necessary to provide you with our artwork, antiques or services, respond to your inquiries or for any of the purposes described in this policy:
- third party companies;
- service providers; or
- affiliated companies.
We may also share your personal information with:
- law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and
- other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
At any time, you have the right:
- to request access to or a copy of any personal data which we hold about you;
- to rectification of your personal data, if you consider that the information we are holding is inaccurate;
- to ask us to erase your personal data, if you consider that we do not have the right to hold it;
- to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
- to ask us to stop or start sending you marketing messages as described below in the marketing section;
- to restrict processing of your personal data;
- to data portability (moving some of your personal data elsewhere) in certain circumstances;
- to object to your personal data being processed in certain circumstances; and
- to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.
Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information about our artwork, antiques, events, and art and antiques fairs. You can stop receiving marketing messages from us at any time by clicking the ‘Unsubscribe’ link at the bottom of any email we send you.
We will action any opt out request from you without delay.
How long will we keep your information?
We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us. If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
Security and storage of your information
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us, or for one of our service providers.
When we, or our permitted third parties, transfer your information outside the European Economic Area, we or they will impose obligations on the recipients of that data to protect your information to the standard required in the European Economic Area or otherwise require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where: (i) the transfer is to a country deemed to provide adequate protection of your information by the European Commission; or (ii) where you have consented to the transfer.
What are cookies?
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. The "Help" or "Internet Settings" functions within your browser should tell you how. Please be aware that that if you select to refuse or restrict cookies you may be unable to access certain parts of our site. You can find more information about cookies at http://www.allaboutcookies.org/.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our site in order to tailor it to customer needs. We only use this information for statistical analysis purposes; these cookies cannot be used to identify individuals.
Links to other sites
Certain features of our site will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or e-mail address.
If you have any concerns about our use of your information, you also have the right (as a UK resident) to make a complaint to the Information Commissioner's Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113.
Children under 14
We do not intentionally collect any information on children under 14 years of age. We will undertake to delete any details of such users where a parent or guardian has notified us that any such details have been obtained.
Changes to this policy
Any changes we make to our policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our policy.
This policy was last updated on 24/05/18.